S.D. Admin. R. 61:24:07:07

Current through Register Vol. 51, page 71, January 6, 2025

Section 61:24:07:07 - Bait and switch plans

Any one of the following is prima facie evidence of a bait and switch plan or scheme:

(1)Refusing to show, display, sell, or otherwise provide the goods or services advertised in accordance with the terms of the advertisement;

(2)Disparaging by act or word the advertised goods or services; the warranty; the credit terms; the availability of service, repairs, or parts; or anything which in any other respect is a material fact connected with the sale of the advertised goods and services;

(3)Refusing to take orders for advertised goods and services or taking orders at a price greater than the advertised price;

(4)Showing, demonstrating, or delivering any advertised goods and services or taking orders at a price greater than the advertised price;

(5)Accepting a deposit for any advertised goods or services, then switching the purchaser to higher priced goods or services; or

(6)Failing to deliver the advertised goods and services within the promised delivery period unless the failure is caused by reasons beyond the control of the dealer.

S.D. Admin. R. 61:24:07:07

18 SDR 203, effective 7/1/1992.

General Authority: SDCL 32-6B-63.

Law Implemented: SDCL 32-6B-63.